Virginia 2024 Regular Session Status: Enacted

SB 625 — Deferred or installment payment agreements; exempt from payments if sole income is Social Security.

Last action — Acts of Assembly Chapter text (CHAP0775)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2024. Enacted.

Signed by Governor Glenn Youngkin (Republican) on April 08, 2024.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Deferred or installment payment agreements; certain benefits. Provides that in any case in which a defendant owes fines and costs and where such defendant's sole financial resource is a Social Security benefit or Supplemental Security Income, such defendant shall be exempt from making payments until he has another source of income and, if such defendant notifies the court that his sole financial resource is a Social Security benefit or Supplemental Security Income, the case shall not be referred to collections. The bill also prohibits a Social Security benefit or Supplemental Security Income from being considered an available resource in determining the length of time to pay under a deferred, modified deferred, or installment payment agreement and the amount of payments, if any. This bill is identical to HB 896.

Bill Text

What changed in the latest version

74 added · 72 removed

Plain-language change summary

The updated version of SB 625 introduces a new payment option called a "modified deferred payment agreement," which allows defendants to defer payments while also making best efforts to pay periodically. This change ensures that individuals have more flexible options to manage their fines and costs without the pressure of immediate payment. Additionally, the bill emphasizes that courts must inform defendants about these payment options, helping to ensure that individuals are aware of their rights and responsibilities. These changes aim to make the legal process more accessible and fair for those facing financial difficulties.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 19.2-354.1 of the Code of Virginia, relating to deferred or installment payment agreements;
VIRGINIA ACTS OF ASSEMBLY -- 2024 SESSION CHAPTER 775 An Act to amend and reenact § 19.2-354.1 of the Code of Virginia, relating to deferred or installment payment agreements;
R O [S 625] Approved L L Be it enacted by the General Assembly of Virginia:
[S 625] Approved April 8, 2024 Be it enacted by the General Assembly of Virginia:
E § 19.2-354.1.
§ 19.2-354.1.
D "Deferred payment agreement" means an agreement in which no installment payments are required and the defendant agrees to pay the full amount of the fines and costs at the end of the agreement's stated term.
A.
"Fines and costs" means all fines, court costs, forfeitures, and penalties assessed in any case by a single court against a defendant for the commission of any crime or traffic infraction.
For purposes of this section:
"Deferred payment agreement" means an agreement in which no installment payments are required and the defendant agrees to pay the full amount of the fines and costs at the end of the agreement's stated term.
single court against a defendant for the commission of any crime or traffic infraction.
"Installment payment agreement" means an agreement in which the defendant agrees to make B monthly or other periodic payments until the fines and costs are paid in full.
"Installment payment agreement" means an agreement in which the defendant agrees to make monthly or other periodic payments until the fines and costs are paid in full.
2 also agrees to use best efforts to make monthly or other periodic payments.
"Modified deferred payment agreement" means a deferred payment agreement in which the defendant also agrees to use best efforts to make monthly or other periodic payments.
in which the defendEnt B.
B.
The court shall not deny a defendant the opportunity to enter into a deferred, modified deferred, was convicted or found not innocent, (ii) because of the total amount of all fines and costs, (iii) because the defendant previously defaulted under the terms of a payment agreement, (iv) because the fines and costs have been referred for collections pursuant to § 19.2-349, or (v) because the defendant has not established a payment history.
The court shall not deny a defendant the opportunity to enter into a deferred, modified deferred, or installment payment agreement solely (i) because of the category of offense for which the defendant was convicted or found not innocent, (ii) because of the total amount of all fines and costs, (iii) because the defendant previously defaulted under the terms of a payment agreement, (iv) because the fines and costs have been referred for collections pursuant to § 19.2-349, or (v) because the defendant has not established a payment history.
In assessing the defendant's ability to pay, the court shall use a written financial statement, on a form resources and obligations or conduct an oral examination of the defendant to determine his financial resources and obligations.
In assessing the defendant's ability to pay, the court shall use a written financial statement, on a form developed by the Executive Secretary of the Supreme Court, setting forth the defendant's financial resources and obligations or conduct an oral examination of the defendant to determine his financial resources and obligations.
Nothing in this section shall prevent a defF.
Nothing in this section shall prevent a defendant from voluntarily making a down payment upon entering any payment agreement.
F.
payment agreement.
I.
A defendant who has defaulted on a payment agreement may petition the court for a subsequent payment agreement.
A court may require a down of 2 payment to enter into a subsequent payment agreement, provided that the down payment required to enter into a subsequent payment agreement shall not exceed (i) if the fines and costs owed are $500 or less, 10 percent of such amount or (ii) if the fines and costs owed are more than $500, five percent of such amount or $50, whichever is greater.
A court may require a down payment to enter into a subsequent payment agreement, provided that the down payment required to enter into a subsequent payment agreement shall not exceed (i) if the fines and costs owed are $500 or of 2 less, 10 percent of such amount or (ii) if the fines and costs owed are more than $500, five percent of such amount or $50, whichever is greater.
View plain text versions (4)

Action History

  1. Acts of Assembly Chapter text (CHAP0775)

  2. Approved by Governor-Chapter 775 (effective 7/1/24)

  3. Governor's Action Deadline 11:59 p.m., April 8, 2024

  4. Enrolled Bill Communicated to Governor on March 11, 2024

  5. Signed by President

  6. Signed by Speaker

  7. Impact statement from DPB (SB625ER)

  8. Bill text as passed Senate and House (SB625ER)

  9. Enrolled

  10. VOTE: Passage (74-Y 26-N)

  11. Passed House (74-Y 26-N)

  12. Read third time

  13. Read second time

  14. Reported from Courts of Justice (19-Y 3-N)

  15. Referred to Committee for Courts of Justice

  16. Read first time

  17. Placed on Calendar

  18. Impact statement from DPB (SB625S1)

  19. Passed Senate (40-Y 0-N)

  20. Constitutional reading dispensed (40-Y 0-N)

  21. Engrossed by Senate - committee substitute SB625S1

  22. Committee substitute agreed to 24106332D-S1

  23. Reading of substitute waived

  24. Read second time

  25. Constitutional reading dispensed (40-Y 0-N)

  26. Reported from Finance and Appropriations (15-Y 0-N)

  27. Rereferred to Finance and Appropriations

  28. Committee substitute printed 24106332D-S1

  29. Reported from Courts of Justice with substitute (15-Y 0-N)

  30. Senate committee, floor amendments and substitutes offered

  31. Impact statement from DPB (SB625)

  32. Referred to Committee for Courts of Justice

  33. Prefiled and ordered printed; offered 01/10/24 24103452D

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 146 not signed on · 26 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

VOTE: Passage (74-Y 26-N)

Passed 73 Yea · 26 Nay
Party YeaNayPresentNot Voting
Unaffiliated 732600
Total 732600
% of votes cast 74%26%0%0%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Nay
Arnold, Jonathan, E. P. — Yea
Atoosa R. Reaser — Yea
Batten, Amanda E. — Nay
Betsy B. Carr — Yea
Bill Wiley — Nay
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Nay
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Nay
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Yea
Ennis, N. Baxter — Yea
Eric Phillips — Yea
Eric R. Zehr — Nay
Fowler, Hyland F."Buddy," Jr. — Nay
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Nay
Green, W. Chad — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Nay
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Nay
James W. Morefield — Yea
Jason S. Ballard — Nay
Jeion A. Ward — Yea
Joseph P. McNamara — Nay
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Nay
Knight, Barry D. — Nay
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Nay
Mike A. Cherry — Yea
Milde, Paul V. — Nay
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Yea
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Nay
R. Lee Ware — Nay
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Nay
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Nay
Thomas A. Garrett, Jr. — Nay
Thomas C. Wright, Jr. — Nay
Timothy P. Griffin — Nay
Tony O. Wilt — Nay
Vivian E. Watts — Yea
Wendell S. Walker — Yea
Will Davis — Yea
Wren M. Williams — Nay

Official roll call →

Passed 19 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19300
Total 19300
% of votes cast 86%14%0%0%
How each member voted (22)

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)

Official roll call →

Passed Senate (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)

Official roll call →

Subjects

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Frequently asked questions

What does SB 625 do?
Deferred or installment payment agreements; certain benefits. Provides that in any case in which a defendant owes fines and costs and where such defendant's sole financial resource is a Social Security benefit or Supplemental Security Income, such defendant shall be exempt from making payments until he has another source of income and, if such defendant notifies the court that his sole financial resource is a Social Security benefit or Supplemental Security Income, the case shall not be referred to collections. The bill also prohibits a Social Security benefit or Supplemental Security Income from being considered an available resource in determining the length of time to pay under a deferred, modified deferred, or installment payment agreement and the amount of payments, if any. This bill is identical to HB 896.
Who sponsors SB 625?
SB 625 is sponsored by Lamont Bagby and Jennifer D. Carroll Foy.
What is the current status of SB 625?
This bill has been enacted into law. Introduced January 10, 2024. Enacted.
Where can I track SB 625?
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